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Patna High Court

Rocky KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner with a bond of Rs.10,000 and specific conditions.

Summary

Rocky Kumar was arrested on 11 September 2025 in connection with FIR dated 17 August 2025 alleging offences under Sections 96, 351(2) and 3(5) of the B.N.S., purportedly for enticing a girl and taking her away to solemnise a marriage. The petitioner claimed a clean antecedent and argued that the allegations were fabricated; the alleged victim’s statement recorded under Section 164 of the Cr.P.C. (and Section 183 of the B.N.S.) indicated that she had voluntarily married the petitioner and did not support the prosecution’s case. The State opposed bail, but the court noted the victim’s non‑cooperation with the prosecution and the petitioner’s clean record. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without delay pending verification.

Issues considered

  • What is the appropriateness of granting bail to the petitioner given the nature of the alleged offences and the victim’s statement?
  • Does the victim’s statement under Section 164 Cr.P.C. affect the bail consideration?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false allegations
  • marriage
  • victim statement
  • Section 96 B.N.S.
  • Section 351(2) B.N.S.
  • Section 3(5) B.N.S.
  • Section 164 Cr.P.C.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91473 of 2025
                       Arising Out of PS. Case No.-599 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Rocky Kumar S/o Suraj Paswan @ Surji Paswan R/o Village - Ghushari, P.S -
                 Gehlour, District - Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Dilip Paswan S/o Walchan Paswan Resident of - Surunga Bigha, P.S -
                 Fatehpur, District - Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   13-01-2026                    Heard Mr. Aryan Singh, learned counsel for the

                   petitioner and Mr. Lalan Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   11.09.2025 in connection with Fatehpur P.S. Case No. 599 of

                   2025, F.I.R. dated 17.08.2025 for the offences punishable under

                   Sections 96, 351(2) and 3(5) of the B.N.S.

                                3. According to prosecution case, petitioner is alleged

                   to have enticed her and taken away his daughter with intention

                   to solemnize marriage with her.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.91473 of 2025(2) dt.13-01-2026
                                            2/3




          implicated in the present case. The allegation as alleged is false

          and fabricated and the petitioner has not committed any offence

          as in the F.I.R. In fact, the petitioner was love with the victim

          and later on the victim girl was recovered and her statement was

          recorded under section 164 Cr.P.C./183 BNS in which she has

          not supported the case of the prosecution and she has stated that

          she has performed the marriage with the petitioner and she is

          living with the petitioner. The police after investigation,

          submitted chargesheet against the petitioner and the petitioner is

          in custody since 11.09.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent, victim has not supported the

          prosecution case in her statement recorded u/s 164 Cr.P.C./183

          BNSS, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Chief Judicial Magistrate, Gaya in connection with Fatehpur

          P.S. Case No. 599 of 2025, with the other following conditions:

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court
            Patna High Court CR. MISC. No.91473 of 2025(2) dt.13-01-2026
                                                        3/3




                      and shall remain physically present as directed by the court and

                      on her absence on two consecutive dates without sufficient

                      reason, his/her bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


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